Strengthening the European Civil Judicial Cooperation: the Patrimonial Effects of Family Relationships

The present article offers a first overlook on the two recently adopted regulations on the civil judicial cooperation in the field of the matrimonial and the partnership property regimes. After a general and historical presentation, the article distinguishes between some EU «classical» normative solutions and the most important innovations enshrined in the regulations. The latter are duly scrutinised, with particular regard to the role of party autonomy, the connection with different pending cases, and the judicial margin of appreciation. The connecting factors for the determination of the jurisdiction and the applicable law are analysed, too. Finally, the article makes some comments on the enactment of enhanced cooperation in the fields of civil law affecting family law and its impact on the private parties